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LUTHER v. STATE

No. 94-03483.

661 So.2d 906 (1995)

Michael LUTHER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

October 13, 1995.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender and John S. Lynch, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and John M. Klawikofsky, Assistant Attorney General, Tampa, for Appellee.

RYDER, Judge.

Michael Luther contends that his double jeopardy rights were violated when the lower court declared a mistrial, in the middle of his jury trial, upon discovering that the state had failed to arraign him on a second amended information.1 Luther had originally been charged with sexual battery under section 794.011(4)(c), Florida Statutes (Supp. 1992). After declaring the mistrial, the court permitted the state to arraign Luther...

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